So the battle continues - McCanns Appeal to ECHR

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Re: So the battle continues - McCanns Appeal to ECHR

Post  Heisenburg on Sun 10 Sep 2017, 1:26 pm

Its probably the human rights lawyer who would be the expense,way beyond the likes of their lawyers who failed three times to come up with the goods in Portugal.
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Re: So the battle continues - McCanns Appeal to ECHR

Post  Freedom on Sun 10 Sep 2017, 1:27 pm

Not that I dealt with anything so potentially serious but I'm reminded of how many years ago I worked for the Inland Revenue and it was my job to check out the validity of applications for rate reductions.

This was back in the days when all properties - business and residential - had ratable values on which the payable amount was based.

There were many claims from confused old dears (I wasn't one then) who just said that they couldn't afford to pay. These were invalid as the grounds for rate reductions were if a property was over-valued in comparison to other similar ones.

Rate rebates on the grounds of low income were a separate entity, dealt with by local councils. I had to return the invalid claims and, for some unknown reason, I wasn't allowed to say why or tell the old dears who they needed to contact instead, which led to dreadfully distressing letters, saying that nobody cared and they might as well be dead.

It was really bizarre; I should have stood up and insisted that they be told the reason.
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Re: So the battle continues - McCanns Appeal to ECHR

Post  TheTruthWillOut on Sun 10 Sep 2017, 1:30 pm

Could it be a big clue that that parts of that article and those quotes from a "pal" are wrong/BS, Candyfloss?
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Re: So the battle continues - McCanns Appeal to ECHR

Post  Mo on Sun 10 Sep 2017, 1:35 pm

I found this from the Laidbare blog a useful read

http://laidbareblog.blogspot.co.uk/2017/02/what-next-for-mccanns.html
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Re: So the battle continues - McCanns Appeal to ECHR

Post  candyfloss on Sun 10 Sep 2017, 1:38 pm

TheTruthWillOut wrote:Could it be a big clue that that parts of that article and those quotes from a "pal" are wrong/BS, Candyfloss?

Could be but I doubt that that bit is wrong. I think it is correct that it is free to apply but as Heisenberg pointed out it would of course be the lawyers that would be charging large fees and that would be expensive.

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Re: So the battle continues - McCanns Appeal to ECHR

Post  TheTruthWillOut on Sun 10 Sep 2017, 1:50 pm

Makes it even more ridiculous if an expensive ECHR specific lawyer would be needed if by some miracle the application is granted. If no/not enough money is left in the coffers to pay for a granted case it makes it even more arrogant. If no such lawyer is needed I'm sure they still have a phalanx of lawyers on retainer(s) to take the case on?
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Re: So the battle continues - McCanns Appeal to ECHR

Post  Scrants on Sun 10 Sep 2017, 5:56 pm

As far as I understand it, the Mccanns are complaining about the Supreme Court saying that they have not been proved innocent.  They see this as a breach of their human rights. Their complaint cannot have any effect on the judgement itself or overturn any decisions of the court.

If the ECHR Accepts their case and finds in their favour, the court may award compensation (money raises its ugly head again) but will not overturn the original court's decision.

The ECHR applications are public but they can request anonymity when submitting their case.
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Re: So the battle continues - McCanns Appeal to ECHR

Post  Poe on Sun 10 Sep 2017, 7:18 pm

If it's not money, I wonder if it's pr.

If the McCanns are expecting to be arrested, they could claim, via Clarence, that they went to the ECHR because they are innocent and that they are being victimised by the PJ because of the Supreme Court statement.

Just speculating

...and most likely wrong

...again Smile

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Re: So the battle continues - McCanns Appeal to ECHR

Post  unreorganised on Sun 10 Sep 2017, 7:35 pm

Scrants wrote:As far as I understand it, the Mccanns are complaining about the Supreme Court saying that they have not been proved innocent.  They see this as a breach of their human rights. Their complaint cannot have any effect on the judgement itself or overturn any decisions of the court.

Being as generous as I can, I'd say they have a point. Their current legal standing is fairly unique, as far as I know.
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Re: So the battle continues - McCanns Appeal to ECHR

Post  candyfloss on Mon 11 Sep 2017, 11:29 am

Thanks to the tweeter JB Littlemore......



The more one reads the Court statement the more (& more!) fascinating its tone becomes ... what chance with ECHR?



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Re: So the battle continues - McCanns Appeal to ECHR

Post  chirpyinsect on Tue 12 Sep 2017, 8:26 am

As far as my understanding of the ECHR goes, the McCanns cannot sue an individual, nor can they have any previous decisions reversed or revised. So they are not suing GA, they are taking on the Portuguese justice system. Would any PT firm touch this with a barge pole?

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Re: So the battle continues - McCanns Appeal to ECHR

Post  Mimi on Tue 12 Sep 2017, 11:10 am

unreorganised wrote:
Scrants wrote:As far as I understand it, the Mccanns are complaining about the Supreme Court saying that they have not been proved innocent.  They see this as a breach of their human rights. Their complaint cannot have any effect on the judgement itself or overturn any decisions of the court.

Being as generous as I can, I'd say they have a point. Their current legal standing is fairly unique, as far as I know.

I don`t think you do have to prove innocence (in the UK anyway). There`s no legal proceedings to go through that will prove you are innocent.  In the UK you are technically innocent until proven guilty.  I don`t know about Portugal.

If they take it to the ECHR you are innocent of a criminal charge until proved guilty but they`ve never been charged.

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Re: So the battle continues - McCanns Appeal to ECHR

Post  froggy on Thu 14 Sep 2017, 8:11 pm

chirpyinsect wrote:As far as my understanding of the ECHR goes, the McCanns cannot sue an individual, nor can they have any previous decisions reversed or revised. So they are not suing GA, they are taking on the Portuguese justice system. Would any PT firm touch this with a barge pole?

Technically they don't need to use a Portuguese lawyer, they could use British lawyers who were licensed to practice in the European Court.
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Re: So the battle continues - McCanns Appeal to ECHR

Post  chirpyinsect on Fri 15 Sep 2017, 6:11 am

Yes I understand that Froggy. My point is I can't see a PT firm taking it on. Sure fire way to commit professional suicide.

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Re: So the battle continues - McCanns Appeal to ECHR

Post  froggy on Fri 15 Sep 2017, 8:50 am

They could always use Mrs Blair - she's a Human Rights lawyer.
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Re: So the battle continues - McCanns Appeal to ECHR

Post  Poe on Fri 15 Sep 2017, 10:34 am

Could the McCanns go back to the Portuguese courts to try and gag Mr Amaral until the appeal to the ECHR has been decided?

I'm struggling to see the reason for this appeal as it wasn't so long ago that they had admitted defeat and said that they wouldn't go to the ECHR.

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Re: So the battle continues - McCanns Appeal to ECHR

Post  candyfloss on Fri 15 Sep 2017, 10:47 am

Poe wrote:Could the McCanns go back to the Portuguese courts to try and gag Mr Amaral until the appeal to the ECHR has been decided?

I'm struggling to see the reason for this appeal as it wasn't so long ago that they had admitted defeat and said that they wouldn't go to the ECHR.

No, they have tried to gag him through the PT courts and failed - the final failure being the highest court in the country.  There is no way they can rake it up again in Portugal, it is all done and dusted. Imo.

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Re: So the battle continues - McCanns Appeal to ECHR

Post  espeland on Fri 15 Sep 2017, 2:05 pm

Poe wrote:Could the McCanns go back to the Portuguese courts to try and gag Mr Amaral until the appeal to the ECHR has been decided?

I'm struggling to see the reason for this appeal as it wasn't so long ago that they had admitted defeat and said that they wouldn't go to the ECHR.



IMO this is a means of getting rid of their money - presumably to make any possible future action by GA pointless. I would assume they've already passed ownership of their property to 'safe hands' and I can't imagine they've not already paid their Portuguese legal team.

Overall, I feel this action is favourable to our view - they're clearing out their ill-gotten gains prior to something else happening.

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Re: So the battle continues - McCanns Appeal to ECHR

Post  Mimi on Fri 15 Sep 2017, 4:17 pm


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